Disposed

Jit & Jit Gloves v. State Bank of India

Kerala HC20 Feb 2018OP(C)/452/2018

Case brief

AI extract

What is this about?

Petitioner sought directions under Article 226 of the Constitution to ensure the trial court expeditiously decides an interim application to unfreeze a bank account. Respondent bank raised no objection. Court directed the trial court to dispose of the application within one week.

What did the court decide?

Directed the Munsiff Court, Ernakulam to dispose of I.A. No.8841/2017 within one week of production of Certified Copy.

Jit & Jit Gloves Vs State Bank of India — Banking and Recovery | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939

¶5

OP(C).No. 452 of 2018

¶6

O.S.1403/2017 of THE MUNSIFF'S COURT, ERNAKULAM

¶7

PETITIONER/PLAINTIFF:

¶8

JIT & JIT GLOVES, LANE NO. 22, JANATHA ROAD, VYTTILA, KOCHI REPRESENTED BY ITS MANAGING PARTNER, PRAJITHKUMAR K.P., S/O. NANU, AGED 49 YEARS, SREENILAYAM, TOC-H SCHOOL ROAD, VYTTILA P.O., ERNAKULAM.

¶9

BY ADVS.SRI.I.DINESH MENON SRI.L.RAJESH NARAYAN

¶10

RESPONDENT/DEFENDANT:

¶11

STATE BANK OF INDIA, VYTTILA BRANCH, 29/1288 B, CUMMINS BUILDINGS, N.H BYPASS, VYTTILA JUNCTION, ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER & BRANCH HEAD - 682 019.

¶12

BY SRI.JITHESH MENON, SC, SBI

¶13

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

¶15

OP(C).No. 452 of 2018 (O)

¶16

APPENDIX

¶17

PETITIONER(S)' EXHIBITS

¶18

EXHIBIT P1. COPY OF THE PLAINT IN OS.1403/2017. EXHIBIT P2. COPY OF IA.8841/2017 IN OS 1403/2017.

¶19

RESPONDENT(S)' EXHIBITS

NIL

TRUE COPY

P.S. TO JUDGE

ALEXANDER THOMAS, J .

¶25

O.P.(C) No. 452 of 2018

¶26

Dated this the 20^th day of February, 2018

¶27

JUDGMENT

¶28

The prayers in this Original Petition (Civil) filed under the

¶29

enabling provisions of Article 227 of the Constitution of India are as follows :

¶30

“i. Direct the Hon'ble Munsiff Court, Ernakulam to forthwith hear and pass orders in Ext.P2, I.A. No.8841/2017 in O.S. No.1403/2017 expeditiously and at any rate within a time frame to be fixed by this Hon'ble Court.

¶31

ii. Direct the respondent to permit the petitioner to operate current account of the plaintiff firm having No.30896980132; iii. Pass such other orders as this Hon'ble court deems fit in the facts and circumstances of the case.”

¶32

Heard Sri.L.Rajesh Narayan, learned counsel appearing for the petitioner/plaintiff and Sri.Jithesh Menon, learned Standing Counsel appearing for the respondent Bank/defendant.

¶33

The petitioner is the plaintiff in Ext.P1 suit, O.S. No.1403/2017 on the files of the Munsiff's Court, Ernakulam in which the respondent herein has been arrayed as the defendant therein. The prayers in the Original Suit reads as follows :

¶34

OP(C) : 452 of 2018

¶35

-:2:-

¶36

“A. Mandatory injunction directing the defendant bank to release the freezing of current account of the plaintiff firm having No.30896980132 and permit the plaintiff firm to operate the said bank account.

¶37

B. Directing the defendant to pay cost of this suit to the plaintiff.

¶38

C. Granting such other relief as this Hon'ble Court deem fit and proper in the circumstances of the case.”

¶39

Sri.L.Rajesh Narayan, learned counsel appearing for the petitioner would submit on the basis of instructions received that the limited relief sought for by the petitioner is a direction from this Court to ensure that the court below concerned to take a considered decision on I.A. No.8841/2017 in O.S. No.1403/2017 within a week's time in as much as the said application is listed on 22.02.2018.

¶40

The prayer in Ext.P2 I.A. No.8841/2017 reads as follows :

¶41

“For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to pass an order of interim mandatory injunction directing the defendant bank to release the freezing of current account of the plaintiff firm maintained with the defendant bank as No.30896980132 and permit the Managing Partner of the plaintiff firm viz. Prajithkumar K.P. to operate the said bank account and pray for orders accordingly.”

¶42

OP(C) : 452 of 2018

¶43

-:3:-

¶44

Sri.Jithesh Menon, learned Standing Counsel appearing for the respondent Bank/defendant would submit that he has no serious objection to this course of action. Accordingly, it is ordered in the interest of justice that the Munsiff's Court, Ernakulam will take all reasonable endeavours for an early disposal of I.A. No.8841/2017 in O.S. No.1403/2017 so that orders are passed on that application within one week from the date of production of a certified copy of this judgment. The petitioner will produce a certified copy of this judgment before the trial court concerned for necessary information.

¶45

With these observations and directions, this Original Petition (Civil) will stand finally disposed of.

¶46

Sd/- ALEXANDER THOMAS, JUDGE

¶47

ttb

Jit & Jit Gloves v. State Bank of India

Case brief

What is this about?

What did the court decide?

Jit & Jit Gloves v. State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rosily Vs R Sreekumar

Savithry Vs District Collector

Kurian George Vs Somarajan

Sreedharan Pillai Vs Cleetus

Venu Vs Rajeev

S.N.Shanmughadas Vs v.K.Parameswarn Nampoothiri